[Adopted 8-10-2022 by Ord. No. 1033]
A.
The provisions are applicable to the owners, agents, property managers,
conservators, and all other individuals or entities of such vacant
buildings as set forth herein and are in addition to and not in lieu
of any and all other applicable provisions of this Code and any other
applicable ordinances and/or regulations of the Borough.
B.
The requirements shall be applicable to each owner of any building
that is not a dwelling that shall have been vacant for more than 45
consecutive days and to each owner of residential property consisting
of one or more vacant dwellings that shall have been vacant for more
than 45 consecutive days. Registration shall be required for all vacant
buildings, whether vacant and secure, vacant and open, or vacant and
boarded, and shall be required whenever any building has remained
vacant for 45 consecutive days or more.
C.
This article shall not apply to any building owned by the United
States, the state, or the Borough, nor to any of their respective
agencies or political subdivisions.
As used in this article, the following terms shall have the
meanings indicated:
A building or structure subject to the provisions shall be
deemed to be "boarded" if in place of one or more exterior doors,
other than a storm door, or of one or more windows, there is a sheet
or sheets of plywood or similar material covering the space for such
door or window.
Any building or structure shall be deemed to be occupied
if one or more persons actually conducts a lawful business or resides
in all or any part of the building as the licensed business-occupant,
or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent,
nontransient basis, or any combination of the same. For purposes of
this article, evidence offered to prove that a building is so occupied
may include, but shall not be limited to, the regular receipt of delivery
of regular mail through the U.S. Postal Service; proof of continual
telephone, electric, gas, heating, water and sewer services; a valid
Borough business license, or the most recent federal, state, or Borough
income tax statements indicating that the subject property is the
official business or residence address of the person or business claiming
occupancy; or proof of prerental inspection.
A building or structure subject to the provisions of this
article shall be deemed to be open if any one or more exterior doors
other than a storm door, is broken, open and/or closed but, without
a properly functioning lock to secure it, or if one or more windows
is broken or not capable of being locked and secured from intrusion,
or any combination of the same.
A building or structure shall be deemed to be vacant if no
person or persons actually currently conducts a lawful business, or
lawfully resides or lives in any part of the building as the legal
or equitable owner(s) or tenant-occupant(s), or owner-occupants, or
tenant(s) on a permanent, nontransient basis.
A.
Each such owner shall cause to be filed a notarized registration statement, which shall include the street address and parcel number of each such vacant building, the names and addresses of all owners, as hereinafter described, and any other information deemed necessary by the Department of Code Enforcement. The registration fee(s) as required by Subsection C of this article shall be billed by the Department of Code Enforcement, Borough Manager, or Designee of the Borough Manager, and shall be paid by January 1 of each year. For purposes of this article, the following shall also be applicable:
(1)
If the owner is a corporation, the registration statement shall provide
the name(s) of the designated officer(s) or agent(s) for service of
legal process and shall be accompanied by a copy of the most recent
annual franchise tax report filed with the Secretary of State.
(2)
If an estate, the name and business address of the executor of the
estate;
(3)
If a trust, the name and address of all trustee or designated agent;
(4)
If a partnership, the names and residence addresses of all partners
with an interest of 10% or greater.
(5)
If any other form of unincorporated association, the names and residence
addresses of all principals with an interest of 10% or greater.
(6)
If an individual person, the name and residence address of that individual
person.
(7)
In no instance shall the registration of a vacant building and the
payment of registration fees be construed to exonerate the owner,
agent or responsible party from responsibility for compliance with
any other building code or house code requirement.
(8)
One registration statement may be filed to include all vacant buildings
of the owner so registering.
(9)
If the status of the registration information changes during the
course of any calendar year, it is the responsibility of the owner,
responsible party or agent for the same to contact the Department
of Code Enforcement within 30 days of the occurrence of such change
and advise the department in writing of those changes.
B.
Local agent. If none of the persons listed, as above, is shown at
an address with the state, the registration statement also shall provide
the name and address of a person who resides within the state, and
who is authorized to accept service of process on behalf of the owners
and show shall be designated as a responsible, local party or agent,
both for purposes of notification in the event of an emergency affecting
the public health, safety or welfare and for purposes of service of
any and all notices or registration statements as herein authorized
and in connection herewith.
C.
Registration fee schedule. The owner of the vacant property as of
November 15 of each calendar year, shall be responsible for the payment
of the nonrefundable registration fee. Said fee shall be billed by
the Department of Code Enforcement, Borough Manager, or Designee of
the Borough Manager, for the purpose of addressing the problem of
vacant, blighted properties to include all expenditures, administrative
and operative, and shall be based on the duration of the vacancy as
determined by the following schedule:
(1)
No fee for properties that are vacant for less than one year;
(2)
$250 for residential properties (up to two units) that are vacant
for at least one year but less than two years; $500 for all other
properties that are vacant for at least one year but less than two
years;
(3)
$500 for residential properties (up to two units) that are vacant
for at least two years but less than three years; $1,000 for all other
properties that are vacant for at least two years but less than three
years;
(4)
$1,000 for residential properties (up to two units) that are vacant
for at least three years but less than five years; $2,000 for all
other properties that are vacant for at least three years but less
than five years;
(5)
$1,750 for residential properties (up to two units) that are vacant
for at least five years but less than 10 years; $3,500 for all other
properties that are vacant for at least five years but less than 10
years; and
(6)
$2,500 for residential properties (up to two units) that are vacant
for at least 10 years, plus an additional $500 for each year in excess
of 10 years; $5,000 for all other properties that are vacant for at
least 10 years, plus an additional $500 for each year in excess of
10 years.
D.
Delinquent registration fees as a lien. After the owner is given
notice of the amount of the registration fee due, and the owner fails
to pay the amount due, said amount shall constitute a debt due and
owing to the Borough, and the Borough may commence a civil action
to collect such the unpaid debt.
One time waiver of registration fee. A one-time waiver of the
registration fee may be granted by the Department of Code Enforcement,
Borough Manager, or designee of the Borough Manager upon written application
of the owner if the owner:
A.
Demonstrates with satisfactory proof that the owner is in the process
of demolition, rehabilitation, or other substantial repair of the
vacant building; and
B.
Objectively demonstrates the anticipated length of time for the demolition,
rehabilitation, or other substantial repair of the vacant building;
or
C.
Provides satisfactory proof that the owner was actively attempting
to sell or lease the property during the vacancy period.
A.
All relevant ordinances, regulations, and policies of the Borough
of Charleroi, Pennsylvania, not amended shall remain in full force
and effect.
B.
This article is intended to supplement other ordinances and codes
of the Borough pertaining to property maintenance and blight abatement
and shall only repeal such words, sentences, clauses, etc., of any
conflicting ordinance or code to the extent necessary to cure the
conflict.
A.
If any section, clause, provision or portion of this article shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this article so long as it remains legally enforceable
minus the invalid portion.
B.
The Borough reserves the right to amend this article or any portion
thereof from time to time as it shall deem advisable in the best interests
of the promotion of the purposes and intent of this article and the
effective administration thereof.
C.
The Borough reserves the right to amend this article, fee schedule,
or any portion thereof from time to time by resolution or ordinance.
This article shall be effective immediately upon enactment or
as soon thereafter as the applicable laws of the Commonwealth of Pennsylvania
allow.
